DEFINITIONS (The singular shall include the plural and vice versa. Any words or phrases used in This Policy shall be interpreted as having the same meaning in our Terms of Business, unless mentioned otherwise throughout This Policy.)
“Data Controller” shall refer to Appreciate Art Ltd. We are responsible for determining the means and purposes for processing your Personal Data.
“Data Processor” shall also refer to Appreciate Art Ltd. We will process your Personal Data for the purposes of fulfilling contractual arrangements as set out in our Terms of Business, and our other legal obligations.
“Individual” for the purposes of the PECR shall refer to non-corporate clients, including sole traders and non-incorporated partnerships.
“Third Party Data Processor” shall refer to any body processing Personal Data that is not Appreciate Art Ltd.
"Personal Data" shall refer to any Data whatsoever we collect and store on you that can identify you as an individual. “Personal Data” may also be referred to as “Data” throughout this Policy.
“ICO” shall refer to the UK Information Commissioner’s Office, which oversees Data protection compliance in the UK.
“EEA” shall refer to the European Economic Area, which includes all European countries, as well as Iceland, Liechtenstein, and Norway.
"GDPR" shall refer to the General Data Protection Regulations.
“PECR” shall refer to the Privacy and Electronic Communications Regulations.
“Cookies” shall as defined by clause 7.
“Anti-Money Laundering shall refer to the most up to date changes brought about by the The Money Laundering and Terrorist Finance Amendments Regulations 2019, which imposes obligation on us as art dealers to verify your identity.
2.1. This Policy is for Individuals or Individuals within corporate bodies, such as directors and employees, but does not apply to corporate bodies as a whole.
2.2. This Policy was last updated on 1 December 2020 and conforms to the most recent changes in Data protection laws, particularly the GDPR, which came into force on 25th May 2018, accompanying and amending the existing Data Protection Act 1998.
2.3. From time to time, we may update this Policy, but we will notify you of any changes that materially affect the way in which your Data is processed, and seek your express written consent if necessary, using the contact details we hold on file for you.
2.4. Any Third Party Data Processors we share your Personal Data with are bound by this same Policy, together with all other applicable Data protection laws and confidentiality obligations towards you, that we are.
2.5. We do not collect sensitive or ‘special category’ Data on you, such as race, political opinion, physical or mental health, religious belief, trade union membership, sexuality, or criminal offences. In the event you disclose sensitive Data to us, we will ensure all such additional rights of yours are protected, and the Data is appropriately destroyed or held in accordance with clause 4.3.
2.6. We will not sell or pass your Personal Data on to any body unconnected with our performance of a contract to source or sell you Artwork.
2.7. We will seek your express written consent if we are required to process your Data in ways not covered by this Policy, or as required by law.
2.8. We will notify you and the ICO of any suspected breach of This Policy by us or any Third Party Data Processors we have passed your Data on to. All Third Party Data Processors are required to do the same.
3. PERSONAL DATA WE MAY COLLECT AND STORE
3.1. The Personal Data we may collect from you (including beneficial owners of purchase funds and Artwork) and store necessary to perform the contract for the sale of goods (Artwork) and to comply with our obligations under Anti-Money Laundering, may include your:
a) Full name;
b) Address(es) for delivery purposes;
c) Contact details, including any phone numbers, email addresses, or any other forms of contact you wish to disclose to us for correspondence;
d) Telephone and written conversations between you and us in relation to your enquiry/Order;
e) IP address;
Up to any two of the following documents may also be required to provide proof of address:
f) Photo page of passport, or photo driving licence;
g) Title deeds and/or tenancy agreement(s);
h) Utility bill;
i) Bank statements;
j) Two most recent mortgage statements.
3.2. Please note, we will only ask you for the disclosure of information from subsections e) to j) above in clause 3 if we are required to do so for Anti-Money Laundering purposes.
3.3. We ask that you ensure the accuracy of Personal Data you disclosure to us, and to keep us updated on any such changes to avoid incorrect Data.
4. HOW WE PROCESS YOUR DATA
4.1. Subject to Article 6 GDPR, we and our Third Party Data Processors will only process your Personal Data with your consent, or to the extent necessary, to:
a) Enter into, or perform, a contract with you, such as a sale of goods contract for the purposes of selling and delivering Artwork;
b) Comply with a legal duty, such as our obligations under Anti-Money Laundering regulations;
c) Remember your preferences or your interest in Artwork. For instance, if you request not to receive marketing material from us, we will keep a record of this, or;
d) Send relevant marketing, such as our newsletter, and notifications in full compliance with the PECR to our corporate Client contacts, or individuals who have ‘opted-in’ (including a soft opt-in) to receive marketing, under our legitimate interests, via phone or email based on Artwork, artists, or category of Artworks, (such as prints and editions by established artists) you have previously purchased or expressed an interest in purchasing;
e) Keep and collate our records of your Personal Data in order to maximise efficiency and provide you with the best possible service, in line with our legitimate interests.
4.2. Information on your options to control the contact we have with you is detailed in clause 6 ‘Your Rights’.
4.3. Your Personal Data is securely held at our office address and as encrypted digital data in our computer systems. Using our best endeavours, and contractually binding all Third Party Data Processors to do the same, we take all necessary measures and precautions to afford you the utmost confidentiality to ensure no Personal Data obtained on you is stolen, damaged, lost or accessed, subject to this Policy, and to not, at any time, without your prior written consent, directly or indirectly, use, disclose, exploit, copy or modify, any Personal Data, or authorise or permit any Third Party Data Processors to do the same, other than for the sole purpose of the performance of a contract in line with our Terms of Business or any other legal obligations towards you.
5. WHAT THIRD PARTY DATA PROCESSORS PROCESS YOUR DATA?
5.1. We pass your Personal Data, such as your address and any other details necessary for the efficient and safe Shipping and Insurance of Artwork, to our logistics partners (including Pack and Send Ltd, DHL and Flight Logistics Group Ltd), who may contact you by phone, email, text, or any other form of communication as they may require to perform their contract to deliver your Artwork.
5.2. Further to clause 5.1, Personal Data may also be passed to the following Third Party Data Processor’s:
a) Anti-Money Laundering authorities, such as the National Crime Agency if you are based in the UK;
b) ID verification agents for Anti-Money Laundering if you are based outside of the UK;
c) Shopify, as the provider of our e-commerce platform, including their various third-party apps for the sole purpose of performing the transaction to purchase Artwork;
d) Collection societies under our obligations for Resale Right Directive 2001/84/EC;
e) Government authorities for fraud prevention purposes, and to comply with all other laws, regulations, or requirements;
f) Our insurers, accountants, professional advisers, and internet server providers, as necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice, managing legal disputes, and ensuring the proper operations of services to you.
5.3. Third party apps, such as our currency converter, will use your IP address to ascertain your location in order to give a currency conversion rate. This information will also be stored in a session cookie in your browser (which gets automatically removed when you close your browser). (Please see clause 7 to find out more about cookie settings). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your local currency.
5.4. Further to clause 5.2, some of the Third Party Data Processor’s to whom we may send your Personal Data, may be based, or have links, to other Third Party Data Processors outside the EEA, but we will endeavour to take all necessary precautions to ensure such parties comply with the requirements of the European Commission.
5.5. Unless you have opted in, all Third Party Data Processors will not directly market their services or products to you by any method, to include e-mails and telephone calls.
6. YOUR RIGHTS
6.1. Once you have disclosed to us any of your Personal Data, your principal rights under data protection laws are as follows:
a) Request access to know what Personal Data we hold on you, the purposes for processing, and any Third Party Data Processor recipients. Please note that upon such requests we will verify your identity by asking you to confirm some information we already hold on you;
b) Request rectification or erasure of your Personal Data;
c) Impose restrictions on processing your Personal Data. Please note that should you choose to do this, it may prevent us from processing your Orders or adequately answering your enquiries, but we will notify you in such an event;
d) Opt-out of any marketing, direct or otherwise;
e) Data portability. This means you can request your Data be transferred to another body or organisation;
f) The right to complain about the way we process your Personal Data to a supervisory authority, like the ICO.
6.2. Please note that we may not be able to comply with such requests in clause 6.1 if you are yet to fulfil any contractual obligations or agreements, such as paying an invoice, or if we can demonstrate compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, or if the processing is for legal claims.
6.3. If you have any disabilities which may prevent you from complying with any formalities of making such a request in clause 6.1, then please let us know and we will try to accommodate you.
6.4. If you have received what you believe to be ‘spam’ emails or any other communications sent by any third party masquerading as Appreciate Art Ltd, then please notify us immediately by using our contact details in clause 9.
6.5. We may have to disclose some of your Personal Data to other Third Party Data Processors to uphold our legal obligations, protect your vital interest or the vital interest of others, or for debt recovery purposes. This is something you cannot opt-out of without us being unable to assist you any further with your Order or enquiry.
6.6. If you are unsatisfied with the way we have dealt with any of your complaints about the way your Personal Data has been collected or processed, then please contact the ICO.
a) Cookie preferences – this remembers your cookie preference settings for when you return to our website, which are essential and strictly necessary.
b) BIPS or login session cookies – these are essential to authenticate you into our login portal and use the shopping cart. Information relating to a shopping cart only lasts for the duration of each visit. Records of your login details must be persistent cookies, enabling you to login with your details in future;
c) Analytics – this simply records the volume of visitors to our website, and trends in their activity. From the information, we can make improvements to our website to enhance your experience. These are persistent and non-essential, and require your consent.
d) Functionality – this remembers your preferences from previous visits to our website. These are essential and operate automatically when you request something on our website, such as a purchase. These are persistent and non-essential, and require your consent.
e) Targeted cookies – these are used to show you targeted adverts on third party websites. We may also use third parties to track the performance of advertising, which may include the collection of IP addresses. These are persistent and non-essential, and require your consent.
b) Facebook (via Shopify)
c) Google Shopping
d) Google Ads (via API)
e) Google Analytics
7.3. Whilst we take all care in ensuring we comply with our legal obligations to erase persistent cookies within 12 months of your consent, these can last longer, such as our records required for your login details. You can manage your cookie settings by opening up your browser configuration settings, as each browser requires separate and unique steps. However, if you do choose to disable cookies, this can adversely affect your experience on our website, and you may not be able to use our website as you had intended.
8. DATA RETENTION
8.1. We and any Third Party Data Processors we pass your Personal Data to, in line with clause 5, only hold essential Personal Data for a necessary period in order to uphold legal obligations and vital interests. For any Personal Data relating to our accounting and Anti Money Laundering records, such as payment transactions and personal identity, we will retain this for 6 years. For any other type of Data, such as correspondence, the retention period could be significantly less.
8.2. When the time comes to destroy your Personal Data, we do so in a controlled and secure manner, strictly upholding clause 4.3
9.1. Should you have any questions regarding this Policy, together with your rights and obligations under this Policy, please do not hesitate to contact us via email at firstname.lastname@example.org or write to us at:
Appreciate Art Ltd
24 Holborn Viaduct